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(영문) 대구지방법원 2018.08.17 2018노744
폭력행위등처벌에관한법률위반(우범자)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 50,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the purpose of the Punishment of Violences, etc. Act (misunderstanding of legal principles) and the amended Punishment of Violences Act (hereinafter “Punishment of Violence”) and the provisions of the amended Punishment of Violences Act, even in a case where a person carries a deadly weapon or other dangerous articles with intent to commit violent crimes under the Criminal Act, the provision of the person committing the crime of Article 7 of the Punishment of Violences Act shall be deemed to apply.

Nevertheless, the court below acquitted the charged facts of this case on the ground that the above punishment provision shall apply only to the case where the person carries a deadly weapon or other dangerous articles with the intent to commit violent crimes as prescribed by the Punishment of Violences Act. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio prior to the judgment on the grounds of appeal by authority, the prosecutor, while keeping the previous facts charged by the court below which found the defendant not guilty in the trial, applied Article 3 (1) 2 of the Punishment of Minor Offenses Act, and applied Article 3 of the Punishment of Minor Offenses Act to the name of the crime (Article 3 (1) 2 of the Punishment of Minor Offenses Act), and applied the following facts in the indictment: (a) an application for amendment to a bill of amendment which adds the same contents as the previous facts in the indictment; and (b) since this court permitted this and

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is rendered again after pleading (Provided, That as seen below, as long as it is found that the defendant is guilty of selectively modified charges at the court below, it shall not be determined separately as to the grounds for appeal by the prosecutor against the existing facts charged and the prosecutor thereof). [The grounds for a new judgment] Criminal facts are as follows: (a) 20 m (the total length of 22 cm in length and 10.5 cm in length) which is a deadly weapon at the C Intersection at Andong-si, Andong-si, Andong-si, Madong-si, at around December 24, 2017; and (b) D is operated by E.

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